This nonimmigrant visa is for those who have extraordinary ability in science, arts, education, business, or athletics or who have proved a remarkable extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for that.
Types
- O-1A: Individuals with extraordinary ability in science, education, business, or athletics, not including arts, motion pictures, or television industry.
- O-1B: Individuals with extraordinary ability in arts or extraordinary achievement in the motion picture or television industry.
General Eligibility
- To qualify for an O-1 visa, you must demonstrate extraordinary ability by national or international acclaim or a record of extraordinary achievement in the motion picture or television industry and must be coming temporarily to the U.S. for work in the area of extraordinary ability.
- Extraordinary ability in science, education, business, or athletics means showing a level of high expertise indicating you are amongst the small percentage who have risen to the very top level.
- Extraordinary achievement in art means showing some level of distinction means you have a high level of achievement in the field of arts.
- To qualify for an O-1 visa in the motion picture or television industry, you must demonstrate extraordinary achievement. This is demonstrated by a degree of skill above ordinarily encountered, to the extent that you are recognized as outstanding notable, or leading in the motion picture.
- To qualify for an O-2 visa, your assistance must be a part of the O-1A visa holder’s performance and you must have critical skills with O-1 visa holder nature and cannot be performed by a U.S. worker.
- In the case of an O-2 visa holder in the motion picture or television industry, you must have skills and experience with the O-1 visa holder that are not of general nature and which are either critical or based on a preexisting longstanding working relationship.
The application process for an O-1 visa
A U.S. employer/agent or a foreign employer through a U.S. agent should file (form I-129) on your behalf, along with required evidence as per instruction.
Your employer cannot file your petition more than one year before they need your services. To avoid delays, the employer should file your form I-129.
Consultation
The petitioner must provide written proof from a person of expertise or a peer group in the beneficiary’s area of ability.
If the O-1 petition comes from a person with extraordinary achievement in movies or television then the consultation must come from an appropriate labor union or management organization with a beneficiary area of expertise.
Evidence Demonstrating O-1 Eligibility
The petitioner must provide evidence demonstrating your extraordinary ability in science, arts, business, education, athletics, or extraordinary achievement in the motion picture industry.
The evidence must include 3 different types of documentation irrespective of those listed in regulations, or comparable evidence and the evidence must show that you complete the standards for classification.
The application process for an O-2 visa
Your employer must file an I-129 petition on your behalf with the necessary documents given in the instructions.
The petition must be for you in connection with the services of an O-1 artist’s athlete but you and the O-1 artist must have your form I-129.
Your employer can’t file your petition before 1 year of your service. To avoid delays the agent must file your I-129 application at least 45 days before the date of employment.
In addition, to form I-129, the nonimmigrant worker must submit the following documents
Consultation
If you support an individual with extraordinary ability in athletics or arts, the consultation must be from the appropriate labor organization
If you support an individual with extraordinary achievement in motion pictures or television, the consultation must come from a proper labor organization.
Evidence demonstrating O-2 eligibility
The evidence should establish your current essentiality, critical skills, and experience with the O-1 beneficiary and that you have experience performing these skills and essential support services for the O-1.
Period of Stay/Extension of stay
It is valid for up to 3 years and USCIS determines (extension of stay) on the time you need to complete the initial event up to one year.
Extension of stay
If you need to extend your stay to continue or complete the activity, the employer must file the documents with USCIS.
- Form I-129, petition for a non-immigrant worker.
- A copy of Form I-94, arrival/ departure record.
- A statement explaining the reason for the extension.
Answer for O-1 issues- Expert opinion letter
You must be here because you might get an RFE or be confused on how to get the application right so here is the answer.
This is a letter from organizations stating that some organizations routinely recruit only degreed individuals at a specific specialty or you can define it as a letter from an industry-level professional association stating that they have a bachelor’s degree or higher in a specific specialty, a requirement for entry into the field.
What’s needed
- Academic and work-related documents in English and notarized.
- Detailed resume specifying jobs held, name of companies, job duties.
- Supporting letters from previous employers specifying periods of employment, job titles, job duties.
